The Agency is proposing to amend the rule governing certified nursing assistants (CNAs) and home health aides referred by nurse registries. Rule 59A-18.0081, F.A.C. is amended to modify the certification and training requirements for a home health ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-18.0081Certified Nursing Assistant and Home Health Aide

PURPOSE AND EFFECT: The Agency is proposing to amend the rule governing certified nursing assistants (CNAs) and home health aides referred by nurse registries. Rule 59A-18.0081, F.A.C. is amended to modify the certification and training requirements for a home health aide and a CNA. Currently, CNAs and home health aides must maintain a current CPR certification from an instructor that is approved to provide training by the American Heart Association or the American Red Cross only.

SUMMARY: Rule 59A-18.0081, F.A.C. is amended to modify training requirements for a home health aide and a CNA. The term “CPR” is spelled out as cardiopulmonary resuscitation for clarity. The rule is amended to add training providers, along with instructors, through whom a home health aide or CNA can receive CPR certification. Language is revised to add the Health and Safety Institute as an organization through which instructors and training providers can be approved to provide cardiopulmonary resuscitation training. Additionally, the rule is amended to require that a home health aide or CNA receive CPR training in which the student is required to demonstrate, in person, that he or she is able to perform cardiopulmonary resuscitation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A SERC has not been prepared by the agency. For the rules listed above, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 400.488, 400.497, 400.506 FS.

LAW IMPLEMENTED: 400.488, 400.497, 400.506 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 28, 2015, 2:00p.m. – 3:00p.m.

PLACE: Agency for Health Care Administration Ft. Knox Bldg. 3, Conference Room C, 2727 Mahan Drive, Tallahassee, FL 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Ruby Grantham, Home Care Unit, Bureau of Health Facility Regulation, [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ruby Grantham, Home Care Unit, Bureau of Health Facility Regulation, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-18.0081 Certified Nursing Assistant and Home Health Aide.

The certified nursing assistant (C.N.A.) and the home health aide shall:

(1) through (10) No change.

(11) CNAs and home health aides referred by nurse registries must maintain a current cardiopulmonary resuscitation (CPR) certification from an instructor or training provider that is approved to provide training by the American Heart Association, or the American Red Cross, or the Health and Safety Institute, and that provides CPR training in which the student is required to demonstrate, in person, that he or she is able to perform cardiopulmonary resuscitation.

(12) through (15) No change.

Rulemaking Authority 400.488, 400.497, 400.506 FS. Law Implemented 400.488, 400.497, 400.506 FS. History–New 1-27-94, Amended 12-24-00, 8-10-06, 3-15-07, 5-4-15,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ruby Grantham

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 07, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 15, 2015